Your valid home address is used to determine which NY State Senator Represents you.

Apt/Suite/Floor (Optional)

City *

State *

Postal Code *

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Send me alerts for this bill. I can unsubscribe at any time. Learn more.

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

S6881 (ACTIVE) - Details

S6881 (ACTIVE) - Summary

Requires the governor's tax expenditure reporting to include an enumeration of all fossil fuel related tax expenditures; imposes a 3 year expiration upon any fossil fuel related tax expenditures enacted.

S6881 (ACTIVE) - Sponsor Memo

BILL NUMBER: S6881
SPONSOR: KRUEGER
TITLE OF BILL:
An act to amend the executive law, in relation to requiring an annual
report of all fossil fuel related tax expenditures; and to provide for
the expiration of fossil fuel related tax expenditures
PURPOSE:
To require the Governor to submit an annual enumeration of fossil fuel
related tax expenditures, including recommendations regarding continua-
tion, modification or repeal of such expenditures; and to provide for
the expiration of all such expenditures within 3 years unless renewed
through legislative action.
SUMMARY OF PROVISIONS:
Section 1: Legislative findings.

Section 2: Definitions.
Section 3: Adds two new paragraphs to subdivision 2 of section 181 of
the executive law, requiring the Governor to submit an annual enumer-
ation of all fossil fuel related tax expenditures and any recommenda-
tions regarding continuing, modifying or repealing such expenditures, in
consultation with the state Energy Planning Board.
Section 4: Creates a 3-year expiration for all existing and newly-enact-
ed fossil fuel related tax expenditures.
JUSTIFICATION:
New York State spends over $1.5 billion every year on fossil fuel
related tax expenditures, distorting the market and subsidizing the use
of greenhouse gas-emitting fossil fuels. Some of these tax expenditures
may serve a compelling public interest, such as offering heating assist-
ance to low-income New Yorkers. However, a significant proportion of the
spending serves to prop-up outdated industries or reward energy ineffi-
ciencies leading to a double cost to taxpayers once for the direct tax
expenditure and again for the environmental damage resulting from the
continued burning of fossil fuels.
To address the real and serious threat to the health, welfare and pros-
perity of all New Yorkers posed by human-caused climate change, New York
State has a goal of reducing greenhouse gas emissions by 80% below 1990
levels by 2050. Continuing to subsidize the use of fossil fuels delays
the adoption of cleaner alternatives, creates barriers to achieving our
climate goals and wastes precious taxpayer money.
This bill would require the Governor's annual Tax Expenditure Report to
include an enumeration and evaluation of all fossil fuel related tax
expenditures, as well as a recommendation by the Governor regarding the
continuation, modification or repeal of such expenditures. The Gover-
nor's recommendation would be made in consultation with the state Energy
Planning Board, whose members include representatives of NYSERDA, PSC,
DEC, ESD, DOT, DOH, DOL, DAM, Legislative appointees and others.
The bill also implements a 3-year sunset provision for all current and
future fossil fuel related tax expenditures, providing such expenditures
would not otherwise expire at an earlier date. The Legislature may, of
course, choose to renew any tax expenditure that it deems to be in the
public interest. This will create an evaluation process through which
outdated, counterproductive fossil fuel subsidies can be allowed to
expire, while those that provide a real benefit to New Yorkers can be
retained.
LEGISLATIVE HISTORY:
New Bill
FISCAL IMPLICATIONS:
Subject to evaluation by the Governor. Potential of millions of dollars
in savings to the State.
EFFECTIVE DATE:
This act shall take effect immediately.

S T A T E O F N E W Y O R K
________________________________________________________________________
6881
2017-2018 Regular Sessions
I N S E N A T E
September 22, 2017
___________
Introduced by Sens. KRUEGER, AVELLA, BROOKS, DILAN, HOYLMAN, RIVERA,
SERRANO -- read twice and ordered printed, and when printed to be
committed to the Committee on Rules
AN ACT to amend the executive law, in relation to requiring an annual
report of all fossil fuel related tax expenditures; and to provide for
the expiration of fossil fuel related tax expenditures
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative findings. The legislature hereby finds and
declares that the use of fossil fuels result in greenhouse gas emis-
sions. The state has a goal of reducing greenhouse gas emissions by
eighty percent below 1990 levels by 2050 to combat climate change.
Therefore, the state has an interest in reducing tax expenditures that
support fossil fuels. By creating a process through which the legisla-
ture would review existing fossil fuel tax expenditures on a regular
basis, the state can better ensure that they are in the public interest.
§ 2. Subdivision 1 of section 181 of the executive law is amended by
adding two new paragraphs (c) and (d) to read as follows:
(C) "FOSSIL FUEL" SHALL MEAN COAL, KEROSENE, OIL, OTHER PETROLEUM
PRODUCTS, AND FUEL GASES INCLUDING, BUT NOT LIMITED TO METHANE, NATURAL
GAS, LIQUIFIED NATURAL GAS AND MANUFACTURED FUEL GASES.
(D) "FOSSIL FUEL RELATED TAX EXPENDITURES" SHALL MEAN TAX EXPENDITURES
THAT DIRECTLY SUPPORT, ENCOURAGE OR HAVE A SIGNIFICANT RELATIONSHIP TO
THE PRODUCTION, TRANSMISSION, DISTRIBUTION, TRANSPORTATION, STORAGE,
SALE, PURCHASE, DELIVERY, CONSUMPTION OR USE OF FOSSIL FUELS.
§ 3. Paragraphs (f) and (g) of subdivision 2 of section 181 of the
executive law, as added by chapter 23 of the laws of 1990, are amended
and two new paragraphs (h) and (i) are added to read as follows:
(f) comment, if any, on the effectiveness and efficiency of other tax
expenditures; [and]
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11175-04-7

S. 6881 2
(g) general cautionary and advisory notes concerning limitations of
data, estimation procedures, sampling errors and imputed values, promi-
nently displayed[.];
(H) AN ENUMERATION OF ALL FOSSIL FUEL RELATED TAX EXPENDITURES,
INCLUDING THE ANNUAL COST OF SUCH EXPENDITURES AND THEIR EXPIRATION
DATES; AND
(I) ANY RECOMMENDATIONS OF THE GOVERNOR REGARDING CONTINUING, MODIFY-
ING OR REPEALING SUCH FOSSIL FUEL RELATED TAX EXPENDITURES, AND SUCH
OTHER INFORMATION REGARDING SUCH TAX EXPENDITURES AS HE OR SHE MAY FEEL
USEFUL AND APPROPRIATE, IN CONSULTATION WITH THE STATE ENERGY PLANNING
BOARD.
§ 4. Notwithstanding any other provisions of law, there shall be a 3
year expiration for all fossil fuel related tax expenditures, as defined
in paragraph (d) of subdivision 1 of section 181 of the executive law,
with such 3 year period commencing on the effective date of this act;
provided, however, that if such an expenditure would otherwise expire or
be deemed repealed pursuant to law upon an earlier date, then such
expenditure shall expire or be deemed repealed upon such earlier date.
Any new fossil fuel related tax expenditure enacted by the legislature
after the effective date of this act shall be subject to a 3 year expi-
ration commencing on the effective date of the act which enacted such
expenditure.
§ 5. This act shall take effect immediately.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.